Set aside Definition

GLOSSARY

What does Set aside mean?

Cancelling a judgment or order or a step taken by a party in the proceedings.

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Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

The bankruptcy court's power to set aside financial orders made on divorce or dissolution of a civil partnership

The general position of the bankruptcy and family courtsThe impact bankruptcy and divorce proceedings have on one another has been subject to several cases in both the bankruptcy and family courts. Unfortunately, it is not uncommon for bankruptcy proceedings to exist while divorce proceedings are ongoing, and concurrent proceedings can create conflict when it comes to the division of assets. The timing of when the bankruptcy petition is issued compared to when the family court makes a property adjustment order is crucial in determining the effect bankruptcy proceedings will have on family proceedings. For further reading on bankruptcy and divorce proceedings see:•Bankruptcy and family financial remedy proceedings—overview•Practice Note: The impact of bankruptcy on divorce proceedings•Practice Note: Can the court annul a bankruptcy order obtained in order to defeat the divorce proceedings?•Checklist and timeline showing the impact different stages of bankruptcy proceedings can have on ancillary relief proceedings in a divorce•Practice Note: Dos and don'ts for family lawyers when dealing with bankruptcyThis Practice Note considers what challenges are available to the...

Applications to set aside past dealings—MCA 1973, s 37

This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) (or the Civil Partnership Act 2004 (CPA 2004) equivalent) to set aside a financial transaction to a third party in family proceedings where the applicant believes the transaction was made so as to defeat their financial claim.Setting asideWhere a party considers that the other party has disposed of assets to a third party so as to defeat their claims in financial proceedings within divorce or civil partnership dissolution proceedings, or where, following a court order, a disposition has been made which impedes enforcement, an application can be made under MCA 1973, s 37 or CPA 2004 equivalent. Such a disposition is termed 'reviewable' and the court may be asked to review the disposition and, if justified, set it aside. Such an application may be made before or after an order has been made by the court in the main financial proceedings. The third party to whom the disposition has...

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Franchise business sale agreement

Franchise business sale agreement This Agreement is made on [insert date] Parties 1 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Seller); 2 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Buyer); and 3 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Franchisor), (each a party and together the parties). Background (A) The Franchisor has licensed the Seller to operate the Franchise Business. (B) The Seller has agreed to sell and the Buyer has agreed to purchase the Franchise Business as a going concern on the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Applicable Data Protection Law • means...

Underlease of whole by way of reference to the terms of the head lease

Underlease of whole by way of reference to the terms of the head lease HM Land Registry Prescribed Clauses LR1. Date of the lease [date] LR2. Title Number[s] LR2.1 Landlord's title number[s] [title numbers out of which this underlease is granted (but leave blank if the Landlord’s title is unregistered)]LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [[OPTION 1 — name of Landlord (not an overseas entity)] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address]OR[OPTION 2 — name of Landlord (overseas entity)] [incorporated OR formed] in [territory of incorporation/formation] (registration number [number]) [and registered at Companies House (company registration number BR[number])] (overseas entity ID [[number] OR not required]) whose registered office is at [address]] Tenant [[OPTION 1 — name of Tenant (not an overseas entity)] [of OR incorporated in...

Dive into our 146 Precedents related to Set aside

Can you make an application to set aside a judgment if the parties settle a claim prior to the remedy hearing?

Can you make an application to set aside a judgment if the parties settle a claim prior to the remedy hearing? Where the parties reach an agreement to settle a claim either judgment will be entered by consent or the parties will enter into a Tomlin Order by which the claim is stayed save for the purposes of enforcement of a schedule entered into between the parties. Simple cases in which one party agrees to pay money to the other will often be dealt with by a judgment. Tomlin Orders have the benefit of allowing the parties to agree to provisions which the court does not have the power to order. The court has a wide discretion to vary or revoke orders under CPR 3.1(7), though whilst the rule is broad and unfettered, considerations of finality meant that the discretion ought normally only to be exercised where there has been a material change of circumstances since the order was made, or where the facts on which the original decision were...

Does the court have the power to order the payment of a mortgage and outgoings in a consent order, or does this have to be included as a recital only? The Precedent Standard order 2.1—financial remedy order—omnibus provides for the payment of outgoings in the main body of the order, but the court has just refused to approve it on the basis that it should be a recital instead.

Does the court have the power to order the payment of a mortgage and outgoings in a consent order, or does this have to be included as a recital only? The Precedent Standard order 2.1—financial remedy order—omnibus provides for the payment of outgoings in the main body of the order, but the court has just refused to approve it on the basis that it should be a recital instead. The Precedent: Standard order 2.1—financial remedy order derives from the suite of Precedent orders issued by the Financial Remedies Working Group (FRWG), led by Mr Justice Mostyn. Clause 61 of that Precedent replicates the wording of the order issued by the FRWG. For further background on the standard orders, see Practice Note: Standard orders—general principles. It was noted by the FRWG that the Precedent: Standard order 2.1—financial remedy order includes order clauses that historically have been dealt with by way of undertakings, and the explanation in the FRWG report dated 31 July 2014 (at para 84) is: 'A number...

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Local Government weekly highlights—19 December 2024

The final edition of this year’s Local Government weekly highlights includes news of and expert analyses of the revised National Planning Policy Framework and the English Devolution White Paper. It also includes case analyses on the decisions in Moh v Rimal Properties Ltd and Kelly v Bostall Estates Ltd on how to calculate of time periods in rent repayment orders and RWU v A Governing Body of An Academy on a decision not to reinstate an excluded pupil. Case reports include the Court of Appeal decision in Hackney LBC v Weintraub on the ‘tenant condition’; Kaur v Birmingham City University on a the decision to withdraw immigration sponsorship; Calderdale MBC v Cheshire East BC on LA designation for care proceedings; Leicestershire CC v Amy on a LA’s failure to assess and support deaf parents' ability to care for children by making reasonable adjustments; care homes’ claim against a council concerning unpaid costs of care for residents in The Julie Richardson Ltd v Oxfordshire CC and finally, Hawes v Tower Hamlets...

Share Incentives weekly highlights—19 December 2024

This week's edition of Share Incentives weekly highlights includes (1) the announcement by ISS Governance of its new 2025 benchmark policy updates, (2) the FCA’s publication of its consultation paper on the proposed regulatory framework for the Private Intermittent Securities and Capital Exchange System (PISCES), (3) the Lexis+® UK Practical Guidance and Market Standards Trend Report reflecting on the voting patterns displayed during the 2024 AGM season, (4) HMRC’s publication of minutes of a subgroup meeting on changes to taxation of non-domiciled individuals, and (5) a new Q&A in respect of employee ownership trusts with a corporate trustee.

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GLOSSARY